QUESTION
What happens when in an undivided one half interest each as tenant common dies?
Asked on Sep 03rd, 2017 on Landlord and Tenant Law - California
More details to this question:
My brother and I are listed in the deed as "undivided one half interest as common tenants." He had passed away earlier this year and he put no money into the property never paid anything such as bills or improvements or property taxes and house insurance. Now, he has three children, who were never come around. Now we received a court paper for my brother’s estate which I'm assuming the house. All he has in his name is the deed. Can his daughters get his part of ownership? Do I have to make a new deed since he is no longer alive? Do I get full ownership?
2 ANSWERS
His heirs will inherit his interest.
Answered on Nov 06th, 2017 at 4:27 PM
Since you were tenants in common and not joint tenants, whatever legal right he had goes into his estate and is distributed as his Will states. Unless there was fraud in his name being put on the deed, his estate's heirs probably have a undivided interest in the property. If he said he would share in the payments, then you might have a claim you can file against his estate for one-half of all payments made. One owner can not force another equal owner off the property nor charge the other owner rent [they technically could move into the house and share it with you]. Since this situation does involve a substantial amount of money, you need to contact an attorney familiar with the laws of the area where the house is to find out what rights you and the heirs have.
Answered on Nov 06th, 2017 at 6:41 AM